General Terms and Conditions

GENERAL TERMS AND CONDITIONS

Karolína Mrózková
Headquarters: Pod Školkou 642, 254 01 Jílové u Prahy
Company ID: 11703938

CONTACT AND BANK DETAILS
Operator of the movement studio:
Lucky Space
Benediktská 689/8, 110 00 Prague 1
(Hereinafter referred to as “Lucky Space,” “the lessor,” or “we”)
Phone: +420 724 216 011
Email: luckyspace777@gmail.com
Website: www.luckyspace.cz
Bank account for payments from the Czech Republic:
Account number: 2402936345/2010

Article I. Introductory Provisions

1. These General Terms and Conditions (hereinafter referred to as “GTC” or “Terms”) of the company Lucky Space regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contractual parties arising in connection with or based on a lease agreement (hereinafter referred to as the “Lease Agreement”) concluded between us and consumers or entrepreneurs (hereinafter referred to as “tenant” or “renter” or “you” or “client”) through our electronic reservation system at the address https://luckyspace.isportsystem.cz/#.

2. These Terms apply to lease agreements concluded using the electronic form on the website, as well as, where appropriate, to lease agreements concluded in another way, unless otherwise agreed between the contractual parties.

3. The movement studio can be rented on the website located at www.luckyspace.cz, through the website interface (hereinafter referred to as the “website interface”).

4. A consumer is considered to be any individual who enters into a lease agreement with us, or otherwise engages in legal dealings with us, outside the scope of their business activity or independent professional practice (hereinafter referred to as the “consumer”).

5. An entrepreneur is considered to be any individual or legal entity (e.g., business company, cooperative, institution) that independently conducts business for profit, based on a trade license or in another way, with the intention of engaging in this activity consistently for the purpose of achieving profit (hereinafter referred to as “business activity”). This person enters into a lease agreement with us or otherwise engages in legal dealings with us within the scope of their business activity (hereinafter referred to as “entrepreneur”). We follow the principle that the provisions of these Terms and Conditions applicable to entrepreneurs apply to any tenant who provides their company identification number (IČO) during the reservation and/or registration process.

6. By clicking the “CONFIRM RESERVATION” button, you confirm that you have read the General Terms and Conditions, including the information provided to the tenant before concluding the lease agreement according to these Terms, and you explicitly agree to them in their version that is valid and effective at the moment of this confirmation.

Article II. Information Before Concluding the Lease Agreement

By submitting the electronic reservation form and after reviewing the entire content of these Terms and Conditions, the tenant confirms that the following information has been provided by the lessor, in a clear manner and in sufficient time before the conclusion of the lease agreement, particularly through the information on the lessor’s website and further in these Terms:
The identification and address of the lessor, including contact details (website, email address, etc.)
The designation of the service to be provided, including all its main features, as detailed in the description of the services chosen by the tenant on the lessor’s website and in these Terms
The price of the services (rent), or the method of its calculation, as indicated by the specific services chosen by the tenant when filling out the electronic reservation form and in the price list published on the lessor’s website
The method of payment and the method of performance by the lessor, as detailed further in these Terms
Information on rights arising from defective performance related to the provision of services, as detailed further in these Terms
Information about the cost of communication means at a distance, if different from the basic rate, as detailed further in these Terms
Information that the consumer cannot withdraw from the contract, as detailed further in these Terms
Information on the existence, method, and conditions for out-of-court handling of consumer complaints, including information on whether complaints can be addressed to a supervisory or state control authority
By submitting the electronic form, the tenant confirms that they are eligible and authorized to conclude the lease agreement under the agreed conditions. If the tenant is an individual, they explicitly confirm by submitting the electronic form that they are fully capable of making legal decisions. If the tenant is a legal entity, the individual filling out the form on behalf of the tenant confirms they are authorized to represent the entity in this matter, otherwise, they are responsible for any damage caused by this action.
By clicking the “SUBMIT RESERVATION” button in our reservation system on the website, the tenant creates a binding reservation for the studio rental, which obliges the tenant to pay for this service, i.e., to pay the rent. The tenant has the opportunity to review and modify or remove their reservation before confirming it.
The tenant (including a consumer) acknowledges that the lessor provides the rental as a leisure activity, with the lessor delivering its service at a precisely specified time — the time reserved by the tenant. For this reason, the tenant does not have the right to withdraw from the lease agreement under § 1837 (j) of the Civil Code, as stated in § 1829 paragraph 1 of the Civil Code.

Article III. Subject and Purpose of the Obligation

The lessor agrees, by this lease agreement, to grant the tenant temporary use of a non-residential space located in the 1st basement, i.e., a movement studio with accessories and equipment (hereinafter referred to as “studio” or “subject of the lease”), for the purpose, at the price, and for the period as agreed upon between the contracting parties, as further described in these terms and conditions.
The purpose of the lease is for the use of the movement studio space for exercise, use of fitness machines, fitness accessories, aerial equipment and accessories, or use of social facilities in direct connection with exercise/training conducted in the studio, unless otherwise agreed in advance. The tenant agrees to use the subject of the lease only for the agreed purpose. Exercise conducted in the studio is considered a leisure activity, with the lessor providing its service at a precisely specified (tenant-reserved) time. The tenant further agrees to pay the lessor the rent for using the subject of the lease in the amount and manner specified in these terms and conditions.

Article IV. Conclusion of the Contract

The tenant orders the service – the rental of the studio via the electronic reservation form, available on the lessor’s website, specifically on the main page: www.luckyspace.cz, under the link “RESERVATION”, or directly via the link: www.luckyspace.cz.
The rights and obligations of the contractual parties arising from this lease relationship are governed by these terms and conditions (the lease agreement).
By clicking the “RESERVE” link on the main webpage or entering the direct link above, the tenant gains access to the electronic reservation system iSportsystem – an online calendar used to book rental times.

The tenant places the order as follows: a) Select the day in the calendar. b) For each day, select a free time slot that suits them. c) If the tenant wishes to book multiple time slots, they repeat steps a) and b). d) Then, the tenant clicks the “Create Reservation” button.

The tenant must create an account (new registration), filling in the required personal details (including: name, surname, company identification number (IČO), address of residence and/or registered office, email address, and phone number); the tenant is required to provide accurate information regarding their identity.
The tenant is obliged to pay the rent by bank transfer to the lessor’s account, at least 3 hours before the start of the scheduled reservation, and within 3 hours of submitting the reservation.
Immediately after the successful payment of the order (reservation of the studio rental), as mentioned in the previous paragraph, the lessor will send the tenant a confirmation of the order receipt with a summary, to the email address provided by the tenant during the reservation.
The lease agreement is concluded when the “CONFIRM RESERVATION” button is clicked, and the client is immediately informed through the reservation confirmation.
The content of the concluded lease agreement is formed by the data provided by the tenant in the submitted electronic reservation form and the provisions of these terms and conditions. The concluded agreement, including the terms and conditions, is archived by the lessor in electronic form and is not accessible.
The lease agreement may be concluded only by individuals who are fully capable of legal acts and of legal age. Persons under the age of 18 must submit the consent of a legal representative, who also agrees that their child will attend the movement studio without the presence of an adult.
The tenant agrees to the use of remote communication means when concluding this lease agreement. The costs incurred by the tenant in using remote communication means in connection with the conclusion of the lease agreement (costs for internet connection, telephone calls, etc.) are borne by the tenant.

Article V. Rent

The rent (price for renting the studio) is determined for a block of a quarter hour (15 minutes). The price for the block may vary depending on the specific day and the time selected by the tenant. The tenant can order at least four consecutive quarter-hour blocks. The relevant rental price is always displayed in the ordering system for the specific time block (“rent”). The price for individual blocks (rent) can also be found in the price list. The price may be reduced by a discount coupon.
The prices for studio rental remain valid for the period they are displayed in our web interface. This provision does not limit our ability to conclude lease agreements under individually agreed terms.
The rent for contracts concluded via the electronic reservation form can only be paid by bank transfer, without cash payment.

Article VI. User Account

Reservations can only be made with a user account. Registration can be done through the website www.luckyspace.cz or at https://luckyspace.isportsystem.cz/#. By successfully making a reservation, the tenant confirms that they have read and agree to the general terms and conditions and GDPR principles. From their user interface, the tenant can make reservations. Only fully competent individuals are allowed to create a user account.
When registering on the website and reserving a studio rental time, the client is required to provide accurate and truthful information. The tenant must update the information in the user account whenever there are any changes. The information provided by the tenant in the user account and when reserving rental times is considered correct by the landlord.
Access to the user account is secured by a username and strong password. The tenant must maintain confidentiality regarding the information necessary to access their user account. The tenant is not authorized to allow third parties to use their user account. We may block the user account after five (5) unsuccessful login attempts. This is done for security reasons to prevent misuse of the tenant’s user account. If your user account is blocked, please contact us at luckyspace777@gmail.com.
We may cancel the user account, particularly in cases where the tenant has not used their account for more than 2 years or in cases where the tenant violates their obligations under the lease agreement as stated in these terms and conditions. The tenant acknowledges that the user account may not be available continuously, especially due to necessary maintenance.
After creating an account, the customer can deposit a monetary amount (referred to as “Credit”) into their customer account, with a minimum of 500 CZK. The credit deposit is made via bank transfer. The credit can be used to pay for all goods and services offered by the studio. The customer has access to their account balance. The deposited credit must be used within the time frame set by the amount of the deposited credit, starting from the moment the credit is deposited. After the specified period, the validity of the credit will expire. The validity of the credit can be extended by depositing additional funds, at least 500 CZK. Purchased credit cannot be exchanged back for money or refunded, including in the case of cancellation of the customer account. In exceptional cases, upon a written request from the client to the email luckyspace777@gmail.com, with a valid reason and supporting evidence, the credit may be refunded.

Article VII. Duration

The lease is always agreed for a fixed period, specifically for the duration agreed upon between the landlord and the tenant in each individual lease agreement. The rental period also includes all necessary preparations for the use of the leased property (such as changing into sportswear, etc.) as well as the necessary tasks at the end of the lease (such as returning equipment to its original place and using social facilities and showers). The tenant is required to leave the studio no later than the last minute of the lease period.
The tenant will typically be allowed to enter the studio no earlier than the start time of the rental period. To gain access, the tenant will receive a code for the entrance door to the building and a code for the keybox at least one hour before the start of the reservation via email or SMS. This will allow access to the studio. The tenant is required to return the keys to the keybox no later than before the end of the rental period.
If the tenant does not return the keys as required, the landlord may claim compensation for any damages incurred due to the failure to allow access to subsequent tenants.
The rental period is always agreed as fixed and binding – for the number of time blocks chosen by the tenant, with at least four consecutive 15-minute blocks (one time block = 15 minutes) in the reservation system. The late start of the use of the leased property by the tenant does not affect the rental period; likewise, early departure from the leased property by the tenant does not affect the rental period, and the tenant is obligated to pay the rental fee for the entire agreed rental period.
The lease may be terminated before the agreed rental period expires in the following ways: a. By mutual agreement of the landlord and tenant; b. By immediate termination (i.e., without notice) by the landlord if the tenant fails to pay the agreed rental fee; c. By immediate termination by the landlord if the tenant grossly violates the provisions of the lease, these terms, or any other legal obligations, especially if the tenant causes damage to the leased property or if the tenant’s use of the leased property threatens significant damage or other harm; d. By immediate termination by the tenant if the leased property becomes completely unusable for the agreed purpose during the rental period, through no fault of the tenant; e. The tenant is entitled to cancel the reserved service (studio rental for a specific time block) more than 24 hours before the start of the rental period. In such a case, the tenant may choose a free alternative reservation at the same value, either via the link in the confirmation email (if not registered) and/or through their user account. If the tenant chooses a replacement time block with a higher rental fee, they only need to pay the difference between the original and new rental fee. If the tenant selects a time block with a lower rental fee, the difference will be refunded in the form of credit; f. The tenant is not entitled to cancel the reserved service (studio rental for a specific time block) less than 24 hours before the start of the rental period. In this case, the tenant has no right to a refund of the already paid rental fee; g. In the case of an objective event that occurs independently of the landlord’s will and prevents the rental from taking place, the landlord is entitled to change the rental date according to the tenant’s subsequent choice, or the landlord may withdraw from the contract. In such a case, the landlord will refund the full rental price (rental fee) to the tenant without undue delay.

Article VIII. Additional Rights and Obligations of the Landlord and Tenant

The landlord is obligated to deliver the leased property to the tenant in a condition suitable for its intended use and to fulfill all obligations arising from this lease agreement or the terms and conditions.
The tenant is required to use the leased property solely for the agreed purpose and within the agreed scope. The tenant must ensure that all persons who are granted access to the leased property (i.e., all participants in the exercises) are informed of the rules for using the movement studio.
Smoking, including the use of electronic cigarettes, the consumption of alcoholic beverages or any addictive substances, manipulation with open fire, leaving children unattended, photography/filming with any pornographic or inappropriate connotations in violation of general rules of decency and morality, and any other actions that could be considered against good morals, are strictly prohibited in the entire space of the movement studio.
Children may only move around the studio in the company of parents, who are fully responsible for any damage to their child’s health or to the property of the landlord and/or third parties caused by the child’s activities.
The tenant is not allowed to make any changes or modifications to the leased property (including sticking or attaching any objects to the walls or equipment), nor may they engage in any activities that could cause damage to the health or property of third parties (including the landlord).
The tenant is not entitled to allow third parties to use the leased property or any part of it. An exception to this is when the tenant uses the leased property together with third parties for joint exercise/training purposes. The number of individuals exercising together with the tenant, however, must not exceed three (3) people (including the tenant).
Upon entering the studio and before starting the exercises, the tenant is required to check that the studio’s equipment—detailed in the list posted in the movement studio’s changing room—is complete. If any equipment is missing or damaged, the tenant must report it to the landlord without delay (via the above email). The tenant acknowledges that the studio’s equipment may differ from the images shown in promotional materials and media (website, Facebook, Instagram).
The tenant is required to immediately notify the landlord of any damage or incident that occurs to the leased property (via the above email contact). The tenant must act in a way that prevents damage or, if damage occurs, minimizes its extent. The tenant is liable to the landlord for any damage caused by failure to fulfill this obligation.
The tenant is required to allow the landlord access to the leased property at any time for the purpose of inspecting proper use of the property by the tenant. However, the landlord’s entry must respect the tenant’s ongoing activities and cause as little disruption as possible, provided that the activities are being carried out in accordance with this lease agreement and the terms and conditions.
The tenant is required to adhere to all hygienic, safety, environmental, fire protection, and other applicable legal regulations related to the tenant’s activities carried out within the leased property.
The tenant assumes full responsibility for the safety and health protection of any persons to whom they have granted access to the leased property, as well as responsibility for their property brought into the studio, except in cases caused by the demonstrable actions of the landlord.
The tenant is liable to the landlord for any damage caused to the leased property by the tenant’s actions or by the actions of persons they have allowed to access the leased property. The tenant agrees to compensate the landlord for any damage without undue delay.
The tenant is required to return the leased property to the landlord in the same condition as it was received at the start of the lease, including returning the keys to the code box located at the basement entrance. The tenant must return the keys to the box no later than by the end of the lease period.
The tenant is obliged to return all equipment to its original location and to adhere to basic hygienic practices, among other duties.
In the event that the tenant grossly violates the terms of the lease agreement, these conditions, or any other obligation set by generally applicable legal regulations, the landlord may prohibit and deny access to the movement studio to both the tenant and any other persons involved in the inappropriate activity with the tenant. In such cases, the landlord may immediately terminate the lease agreement without the tenant’s right to a refund of the rent or any portion thereof. If any such persons subsequently enter into a new agreement with the landlord through the online reservation form, the landlord is entitled to terminate that agreement immediately upon identifying the tenant.
The tenant participates in all activities carried out in the movement studio at their own risk. The tenant is responsible for their health condition, ensuring it allows them to use the services provided under this lease agreement. In the case of any health issues, the tenant is obligated to consult with their doctor to determine whether they can participate in the sports courses. The tenant also acknowledges and agrees to follow the safety instructions provided.

Article IX. Rights from Defective Performance

The tenant is entitled to exercise rights from defective performance according to the Civil Code and under the conditions outlined therein. Rights arising from defective performance can be claimed by email sent to the lessor at: luckyspace777@gmail.com.
The tenant is obligated, in accordance with Articles 8, paragraphs 7 and 8, of these conditions, to report any defects in the leased property without undue delay after discovering them.
If the tenant can only use the leased property with difficulty due to defects pointed out by the lessor, the tenant is entitled to a reasonable discount on the rent.
If the defect significantly impairs the use of the studio, or completely prevents its use, the tenant has the right to a waiver of the rent or may terminate the lease without notice.
No provision of these terms may be interpreted as granting the tenant the right to remove defects from the leased property and request reimbursement from the lessor for the costs incurred in such defect removal.
The exercise of rights from defective performance must always include the tenant’s identification and a description of the specific defects (flaws) in the leased property. The claim must specify the exact nature of the defect and the specific right under the Civil Code or these conditions that the tenant is exercising. The description of the defect must always be sufficiently specific (ideally accompanied by photographic documentation) so that the lessor can assess it objectively.
The lessor commits to addressing any claims related to defects in the leased property without undue delay upon receipt, but no later than thirty (30) days from their receipt. The lessor will inform the tenant of the conclusions regarding the acceptance or rejection of the tenant’s claims, including the reasoning, via the tenant’s contact email.
If the tenant fails to notify the lessor of damage or a defect in the leased property without undue delay after the tenant has discovered or should have discovered it, the tenant is not entitled to a rent discount nor can they terminate the lease without notice.
The client may report any complaints or suggestions to the operator by email at luckyspace777@gmail.com. After evaluating the complaint or suggestion, the operator will inform the client of the possible resolution of the issue in the best interest of the client.

Article XI. Final Provisions

The Czech Trade Inspection (Česká obchodní inspekce), located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is the authority responsible for resolving consumer disputes arising from the rental agreement. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyzakaznik.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
We handle customer complaints via email at luckyspace777@gmail.com.
If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
We reserve the right not to publish tenant reviews that are false, contain inappropriate language, or relate to the rental of the studio.
If the relationship established by the lease agreement contains an international element, the parties agree that the relationship will be governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations. The contractual language is Czech.
The lessor is not responsible for errors caused by third-party interference with the lessor’s internet application or due to its use in violation of its intended purpose. The tenant must not use the lessor’s internet application in a way that could negatively impact its operation and must not perform any actions that would enable them or third parties to unjustly interfere with or misuse the software or other components of the internet application. The tenant must not use the internet application or its parts or software in a way that is contrary to its intended purpose or function.
Copying the website, images, photos, and text is prohibited without the author’s consent.
The lessor may change or supplement the terms and conditions. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the terms.
Acceptance of these Terms and Conditions is voluntary but is necessary for the creation of an account or for the tenant to book a rental term for the studio.
These terms are available on the lessor’s website and take effect on July 26, 2024.